The battle over the Hathaway Pond dam continues with residents gathering signatures to present to the Coaltion for Buzzards Bay while the coalition presses forward with its controversial plan to remove the dam.

The coalition recently purchased the land on which the Hathaway Pond dam sits and intends to remove the 200-year-old dam in order to restore the Sippican River to its original form and appearance. The coalition's plan has drawn the ire of local cranberry growers and residents of the nearby Pines at Hathaway Pond, an over-55 community abutting the now-diminished pond.

The coalition contends that dam removal will improve the herring habitat, improve water quality and provide a healthier ecosystem. Residents say the pond was already teeming with life and that the water quality is higher than nearby Leonard's Pond.

"A project like this is supposed to have local support," said Woody Hartley, a local cranberry grower and partner in developing the Pines. "We believe there is no support in the community for the actions they [the Coalition for Buzzards Bay] want to take."

Hartley and his brother, Walter Hartley, are the primary drivers behind the petition that has been circulating around Rochester and Marion. In the petition, the coalition is asked to preserve Hathaway Pond the way it was prior to the boards being removed and the water levels lowered.

"A lot of people would like a 20-acre pond better than a stream," said Herring Inspector Dave Watling, who is assisting the Hartley's in gathering signatures.

So far, the petition includes the signatures of Marion and Rochester selectmen, members of the Rochester Land Trust, Representative Bill Straus, over a dozen cranberry growers and more, according to Hartley.

"We have a new order from the Office of Dam Safety that says we can put no more water in Hathaway Pond until the dam is repaired or removed," said Coalition for Buzzards Bay President Mark Rasmussen, citing the dam's integrity and the safety concerns surrounding it.

The ODS issued a revised order in July, at the same time reasserting that it is "agnostic" as to whether or not the dam is removed. The revised order only states that the dam must be repaired or removed.

In addition to agricultural and aesthetic concerns, Representative Straus and Herring Inspector Watling have expressed concerns over the health of the herring populations should the dam be removed.

"I don't see how it'll be better for the herring," said Watling. In early July Whatling remarked, "I’ve never seen it this bad. Herring are tied to specific ponds when they come to spawn. If you take away Hathaway Pond then the herring who spawn there won’t just go somewhere else, I don’t know what will happen to them.”

"The scientific data we've seen has nothing to indicate that herring will only return to one specific place," said Rasmussen. "We know that herring choose the best habitat in the system. Leonard's Pond is the best habitat in this system."

"I remain puzzled that a proposal exists which would knowingly seek to destroy a herring spawning habitat in Massachusetts," said Straus.

In a report sent to Straus, Commissioner Mary Griffin of the Department of Fish and Game stated, "The classification was the same for both ponds, but Leonard's Pond had more criteria exceedances than Hathaway Pond due to slightly worse water quality. The fish passage problem at Leonard's Pond was corrected this past winter with the installation of a new fish ladder. Hathaway Pond currently has an inefficient fish ladder in poor shape."

As the coalition moves closer to dam removal, Straus has continued efforts to arrange a mediation between the parties involved.

"I have seen these kinds of disputes before both as a lawyer and legislator," said Straus. "In my view, the need for direct conversations among those concerned about the future of the pond and the river is stronger than ever."

So far, $2000 has been raised towards mediation with the involved parties providing the money.

Straus believes that the Consensus Building Institute, the mediator chosen to handle the dispute, will be providing a meeting schedule soon for the involved parties.

"It was a recreational, agricultural and fisheries resource," said Hartley. "We want it back."

A Rochester Conservation Commission meeting will be held on August 16 to discuss issued related to the permitting of the dam's removal.